Gujarat High Court’s Decision on Ravi Nair’s Interim Release
In a significant legal development, the Gujarat High Court on Wednesday declined journalist Ravi Nair’s petition for interim release. This development occurs amidst ongoing legal proceedings in a criminal defamation case instituted by the Adani Group. Nair, who faced conviction earlier this year, was initially granted bail during his appeal process. However, following a non-bailable warrant issued against him for allegedly not attending appellate court hearings, he was taken back into custody on September 17.
Non-Bailable Warrant and Court’s Observations
Justice M.K. Thakker, presiding over the case, reserved the decision concerning Nair’s challenge against the sessions court’s issuance of the non-bailable warrant. The court announced it would dictate the order the following Wednesday. Addressing Nair’s counsel’s plea for interim release, Justice Thakker stated, “As this matter has been heard and the matter is kept for dictation of the order, no interim relief is required to be granted.” Additionally, the court noted that Nair could not contest the executed non-bailable warrant and criticized him for not disclosing that he had applied for regular bail at the sessions court.
Arguments from Both Sides
Advocate Abhik Chimni, representing Nair, contended that out of eight scheduled hearings, Nair was present for three, with an exemption granted for another. Chimni argued that the sessions court’s assertion of Nair’s six-month absence was inaccurate. He objected to the characterization of Nair as “absconding.” Citing Supreme Court rulings, Chimni argued that the sessions court should have issued summons or bailable warrants before resorting to a non-bailable warrant.
Representing the Adani Group, Senior Advocate Mitesh Amin emphasized the importance of evaluating Nair’s conduct in appellate proceedings. Amin argued that following the admission of Nair’s appeal and sentence suspension in April, Nair sought to introduce additional evidence, allegedly to derail the appeal process. Amin further mentioned a criminal case linked to an article Nair co-authored for The Washington Post, asserting that Nair pursued protective measures through the Kerala High Court and the Supreme Court.
Background of the Defamation Case
Nair’s legal troubles trace back to February when a magistrate convicted him in a defamation case initiated by the Adani Group. The conviction arose from Nair’s tweets and articles criticizing the Adani Group, which the court deemed exceeded fair criticism, constituting criminal defamation. The complaint, filed in September 2021, accused Nair of publishing content alleging unethical practices by the Adani Group between October 2020 and July 2021.
As Nair appeals the magistrate’s verdict, he remains in judicial custody following the sessions court’s rejection of his plea against the non-bailable warrant. Meanwhile, Nair’s next appearance is scheduled for October 1, as the sessions court has not revoked his bail but mandated his presence.
